What are determinations?
A determination is the Tribunal's decision.
Past determinations can provide an interesting guide to how the Tribunal dealt with complaints that may have been similar in nature to your complaint. However, it is important to note that a Tribunal determination does not set a 'precedent'. That is, the Tribunal is not bound to consider or follow past determinations when deciding a complaint and it should also be noted that the circumstances of each particular complaint are different.
The Tribunal is permitted to publish anonymised versions of its determinations. These same determinations are also provided to the Austlii website. Our aim in publishing determinations is to promote transparency and confidence in the superannuation system and to provide an important source of information for consumers and industry.
We endeavour to publish determinations on our website in a timely manner. The timing of publication of determinations allows for the possibility of an appeal to the Federal Court. Also, if a determination is the subject of an appeal, it will not be published pending the outcome of that appeal. We will also not publish a determination where we cannot guarantee the anonymity of the parties.
Some determinations have been considered to raise new issues or issues of particular interest or relevance. Since 1 January 2004 these determinations have been summarised by the Tribunal in order to offer an informative overview of the full determination text.
If a determination summary has been written it will display as an option to view in PDF format along with the full determination.
Using the advanced search you can also choose to search only the determinations that have had summaries written for them.
This enables you to enter the following options and display a list of possible matches:
- any text, including keywords, a determination number or a phrase
- click to search All Determinations; or
- click to search Determination Summaries only
After clicking the search button a list of possible results will display in order of relevance. From this list you can select to view the full determination, and if available the determination summary, both in PDF format.
Advanced search offers some additional options in order to further refine your search. In addition to the quick search options you can select one or more of the following options:
- Any words - search for determinations where any of the words are present; or
- All words - search for determinations where all words are present; or
- Exact phrase - search for determination that contain the exact phrase only by placing " at the beginning and the end of the phrase, e.g. "the quick brown fox".
- A year
- Sort by - selects a preference for displaying the search results by relevance or latest date
To view determinations and determination summaries you must have Adobe Acrobat Reader.